M.C. PATHAK, C. J. :- By this application under Section 115 and/or Sec. 151 of the Code of Civil Procedure the petitioner-firm has challenged the order dated 31-7-1971 passed by the learned Assistant District Judge, Likhimpur District, Dibrugarh in Miscellaneous Case No. 103 of 1969. The facts leading to this Revision petition are as followed.

2. The petitioner Shyam Sundar Agarwal and Co. filed a Money Suit being M. S. No. 37 of 1968, against the opposite parties for recovery of Rs. 56012.05 p due on contract work done by the petitioner. The suit was decreed ex parte on 24-8-1968. On behalf of the State of Assam the Government Pleader filed a petition under Order 9, Rule 13, Civil Procedure Code for setting aside the ex parte decree and for restoring the original suit to file. That petition was registered as Miscellaneous Case No. 118/68, which was however dismissed for default on 6-11-68. On behalf of the State of Assam the Government Pleader filed a petition under Section 151, Civil Procedure Code for restoration of Miscellaneous Case No. 118/68 to file and that petition was numbered as Miscellaneous Case No. 103/69. By order dated 31-7-1971 the learned Assistant Distric